Блокировка Telegram в России: как обеспечить тайну переписки?
The article is devoted to definition of the insuring of the secrecy of communication by analyzing the constitutional and legal norms on privacy of correspondence, telephone conversations, Telegraph and other communications, the provisions of special legislation governing the privacy of communications, and materials of judicial practice.
The article analyzes the problems of consideration and resolution of cases of giving permission for the opening of undelivered mail items. It is argued that the relevant cases are mistakenly considered by the courts in a special procedure. The reasons for the emergence of this category of cases are analyzed and measures are proposed to prevent its further existence in the judiciary practice.
With the development of digital technologies, the problem of protecting various kinds of data related to information of limited access, including the privacy of communication, becomes of great importance. The article discusses the right to privacy of communication of a subscriber (a person who enters into an agreement with a communication operator) and a user of communication services. Examples of such legal relationships are the relationship over privacy of correspondence and telephone conversations between an employer and an employee, as well as a parent and a child. Of the interrelationships between the subjects of the privacy of communication between themselves, this type seems to be the most complex and least regulated. Therefore, the author made an attempt to differentiate the rights of the subscriber and the user. As a result of the study, the author concluded that there is a conflict between the right to privacy of the subscriber's communication and the right to privacy of communication and the inviolability of the user's private life. It also highlights approaches to resolving such a conflict, including taking into account the practice of the European Union.
The research methodology is represented by formal-legal, comparative methods and analogy method.
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter